Review Of Arrest Hearing System Researc

Arrest is one of the most severe compulsory measures in my country's Criminal Procedure Law,and its application procedures are very strict.In most Western countries,the power of arrest is in the hands of judges,while in China,the power of arrest is approved by the procuratorate.Due to the continuous revision of my country's "Criminal Procedure Law",the arrest power of my country's procuratorial organs is also constantly moving in the direction of litigation.The "Criminal Procedure Law" of 1979 and 1996 did not stipulate the review and approval of the people's procuratorate in terms of specific procedures.Arrest is mainly carried out by the responsible procurator and case-handling personnel through review of the written files and case-related evidentiary materials transferred by the investigative agency.During the period,there is no need to carry out interrogation of criminal suspects.We call this method of approving arrests administrative Approval Approval Arrest Procedure.In 2012,my country's Criminal Procedure Law carried out further reforms on the review and approval of arrest procedures based on the need to improve the quality of arrests.In 2012,the law was amended to add the circumstances under which procuratorial organs "may" and "should" question criminal suspects when handling cases for review and approval of arrest.Moreover,procuratorial organs may listen to the opinions of defense lawyers.The procuratorate shall hear and,if necessary,question witnesses and other litigation participants.Before the revision of the Criminal Procedure Law in 2012,the system of listening to the opinions of suspects and their defense lawyers and interrogating relevant witnesses was added,so that prosecutors have expanded information sources when handling cases,not just Relying on the dossier materials and evidence transferred by the public security organs.In 2016,the Supreme People's Procuratorate put forward reform measures to explore the establishment of a litigation review mechanism in the Outline of the Development Plan for Procuratorial Work during the "Thirteenth Five-Year Plan" Period.After the document was released,some procuratorial organs for the pilot reform of the review and arrest of litigation began to be established.On October 20,2020,the Supreme People's Procuratorate promulgated the "People's Procuratorate's Regulations on Hearing of Cases Reviewed"(hereinafter referred to as the "Hearing Regulations"),which clearly stipulates that procuratorial organs can hold hearings for reviewing arrest cases,marking the beginning of the review of arrest hearings.The construction of the model,which stipulates the mode of review of arrest hearings in the form of normative documents at the national level.According to the latest regulations issued by the Supreme People's Procuratorate,this paper collects the actual situation of the procuratorates in various places in B city,analyzes the implementation situation of B city since the establishment of the review and arrest hearing system,and collects 85 sample data from all parts of the city.Situation Collection Case analysis.The first part of the article explains the background and significance of the author's research,as well as the research process and method;the second part discusses the specific operation of the system in City B;the third part summarizes the review through the analysis of the specific situation In the process of the arrest hearing system in City B,there are problems such as the rationality of the participants,the scope of application of the case,the limitations of the construction of the hearing expert database,and the non-standard specific operation procedures,etc.,and the above issues are discussed accordingly.In the fourth part,through the in-depth analysis of relevant issues,the author puts forward six suggestions from the perspectives of theory and practice on the subject design,standardizing the scope of application of the case,improving the operation process,refining the content of the hearing review,increasing the evaluation mechanism and remedies,with a view to serving the review of the operation of the arrest hearing system in City B.